New Jersey Libertarian Party and Won't Have Much Time to Contribute!)

NNeeww JJeerrsseeyy LLiibbeerrttaarriiaann Volume XXXI, Issue 10 December 2007

Members View the “Free State Project” John Paff Interview By Len Flynn, NJ Libertarian Editor Why should Libertarians care about OPRA? This article contains interviews with NJLP members who have NJL: Why is the Open Public Records Act (OPRA) something visited New Hampshire, the home of the libertarian “Free State that libertarians should be interested in? Project.” (FSP). The FSP encourages libertarians to emigrate and establish residence in New Hampshire with the goal to John: Because it reveals what the government is doing. Prior to facilitate libertarian political action and reforms there–or at least OPRA it was not really worth asking what government was by preventing or limiting socialist/statist developments. (See the doing. If they didn’t like the request they wouldn’t answer, FSP website at http://www.freestateproject.org .) After all, what because there was nothing that compelled them to answer. Now libertarian could argue with the state motto: “Live Free or Die”? the one thing that OPRA does do is that it requires the government to respond, or else decline for a specific reason, New Hampshire has two FSP annual events where visitors and within seven business days upon receipt of an OPRA request, residents can celebrate freedom. From Thursday January 3 to and that covers all documents–even those embarrassing to the Sunday January 6 the 2008 New Hampshire Liberty Forum will government. They can still deny you, but they have to give you be held in Nashua, NH. This event is immediately prior to the a specific justification. So as long as you know what to ask for primary elections on January 8, and the final scheduled speaker you will get ready responses from government agencies in this is Presidential candidate Ron Paul. The 2008 Porcupine state. And if they fail to respond, there are provisions in the Freedom Festival PorcFest 2008 will take place on June 9 to OPRA rules whereby you can force them to act. June 15, 2008 at the Gunstock Mountain Resort in Guilford, NH. NJL: When we get information out of the government, why is that helpful to advance the libertarian movement? Evan Nappen Evan Nappen is a highly regarded attorney whose practice in John: Because what it does is show what the government New Jersey specialized in the firearms issues. Evan still does agencies actually do, as opposed to what they claim to do. about a quarter of his work in New Usually government agencies are doing a whole bunch of Jersey, and is active with his law things, but they don’t tell you about all of them. They tell you firm in Eatontown. He says it is about the things that are favorable. “real exciting in New Hampshire” but New Jersey is going to hell Continued on Page 2 from “insane and horrible” laws coming. Now is a “very scary time” to be a gun owner in New Jersey. There are 60 pages of anti- In This Issue gun bills pending in the legislature. There are efforts to increase Time to Renew! 4 penalties and create second-degree offenses. Now, possession of a Paff Raises New OPRA Issues 5 handgun is a third degree crime, and one can avoid prison Monmouth Libertarians Meet 5 because pretrial intervention (PTI) is available for offenders. These are “manageable” offenses but second-degree convictions Member Letter to Newspapers 6 incur ten years in prison with a seven-year presumption of NJLP Federal Fund Donations 7 incarceration and no PTI. This is merely for possession.

Continued on Page 3 John Paff Interview Department. I do see an OPRA request as an educational function but it could be used in a particular instance for (Continued from Page 1) candidates running for office, because libertarian candidates can obtain specific objective information that the voters can think NJL: What other kinds of things can we discover from let’s say about. They should be putting the closed session minutes on the the town council? What kind of things do we discover from the Internet because the “good stuff” takes place in the closed OPRA request that we do not get from a press release or read in sessions of meetings and this is the kind of information OPRA the newspapers? can expose. I can tell by the resistance I observe, and I think I have a pretty good sense so I can tell the difference between a John: You might get information about disciplinary procedures corrupt, very bad government and one that is just slightly or an elected official doing something sexually inappropriate or forgetful and generally good guys. a schoolteacher doing inappropriate things with a student or a member the police department beating or using excessive force NJL: If our readers are interested in pursuing OPRA, how can or being racially prejudiced toward certain defendants. These they get in touch with you? are the things that agencies would never report to you. They would traditionally discuss these things behind closed doors and John: E-mail me at my e-address: [email protected] . My phone go out of their way to hide them. You have to challenge these is 732-873-1251, and we have created a Wiki website at things. I don’t just ask for random records, I ask for records that http://wikifoia.pbwiki.com/New+Jersey I like to deal with I believe the government agencies would prefer not to reveal. groups and would be pleased to present an “OPRA 101” class to activists. I would like the party leadership to arrange this. NJL: To what extent can we depend on the press to find out the facts in these cases, and why don’t they do it? NJL: You and the OPRA folks accomplish something every single month, and I’ve heard comments that our readers really John: They don’t assign a lot of resources to local news. look forward to reading about John Paff. Members of the press admit candidly that they need citizens’ help to inform them because reporters can’t keep track. They John: It’s not a debate between education or political activism. change reporters constantly and that makes it difficult to There’s more to political activism than just running in elections. establish continuity. Plus every reporter has a problem if they A lot of what I do does get me in the paper. I’m sending you a print something to discredit a politician or bureaucrat because nine page court decision that shows how screwed up the city of then he won’t cooperate in the future. Plainfield is. They apparently persecuted a doctor so vigorously that they finally tried to have her removed from her position in Also local reporters often cover several towns, so the tendency Plainfield, because she worked part time and on-line for another might be to get lazy and simply copy the rip and read from a town while she was on sick leave--and the reason she was on government source and write that as a news story. The public sick leave was because they were badgering her for years. (John advocate becomes a useful adjunct to the reporting industry supplied the court decision, and it had this conclusion from the because the advocates can get information out that no one else is judge: “Indeed, there is nothing about Dr. Warwas' work from paying attention to. I know this is important to the press. It is home, not in Paterson, at a computer on her own vacation and also important to libertarians because it brings out the sick time that violated any rule or regulation governing her horrendous and outrageous things that government agencies do. employment. ... Based on the foregoing findings of fact and You try to show every time how the system crashes and that conclusions of law, I DECIDE this matter in favor of appellant brings out a fairer picture of what these agencies do. That’s and ORDER that the charges against her be DISMISSED and why it’s important. It’s not a goody two shoes civics lesson; it’s that appellant be reinstated to her position as Health Officer an exercise finding out what these people are actually doing with full back pay, benefits, pension rights, and attorney's with your money and their power. fees.”) Ironically, Plainfield was prosecuting this physician because she was working! This story will eventually get into the NJL: I know how from my experience in working with attorney papers, but it won’t mention the Libertarian Party or John Paff, Walter Luers, I determined that Fish and Wildlife Division of because I really had nothing to do with the dispute itself. the Department of Environmental Protection (NJDEP) had allowed the trapping and killing of six beavers that were living I am in contact with elected officials for the minority parties, the on my property. With that information I’m taking action to try people who are not in power in these particular towns. I try to and prevent further killings. teach them what to do to expose what the majority on the council is doing. As long as more people are raising the issues, John: It is hard to stand up in public and say “this is wrong” their motives really don’t matter, because it gets more when they won’t tell you what the “this” is that happened, and information out there for the public to learn. It changes the that’s why access to government information is vital. I think it nature of the debate, because it demonstrates that it is the power would be most effective for libertarian candidates to submit of government that is inappropriate. OPRA requests for documents on things like how many complaints of prisoner abuse have arisen in the Sheriff’s

New Jersey Libertarian 2 Sept - Oct 2007 Members View the “Free State Project” The New Hampshire legislature passed a law making the “real ID” illegal by almost a unanimous vote. New Hampshire takes (Continued from Page 1) his stand solidly against the federal government on mandatory ID cards. As Evan says, he’d take a New Hampshire Democrat New Jersey also has a proposed 50 caliber rifle ban which over any New Jersey Republican. Every New Hampshire town includes muzzleloaders! Under the 50 caliber ban an original has all its financial records available for citizen inspection. The Brown Bess Musket is prohibited as a “destructive device.” New England town meeting format means that any citizen can Right now there are “gun courts” in place producing a “special speak at town meetings and make proposals there. Everyone is a brand of justice” for gun owners. The whole thrust of New participant. “Local control” with the most direct access to Jersey gun legislation and regulations is about destroying gun government is solidly in place. Unfunded state mandates are owners not the weapons. Evan says New Jersey is a “sad place prohibited in the New Hampshire Constitution and there is line to live” nowadays and, of course, New Jersey taxes are by line voting on town budgets by the citizens! He says many increasing too. people ask themselves “Why didn’t I come here sooner?”

Evan moved his family to New Hampshire, because he cannot Evan said he is still “guerilla fighting” in New Jersey but it’s see bringing up his son in New Jersey where he cannot play great to be on the offensive in New Hampshire. Where is the with a slingshot, use a BB gun, or go hunting or fishing. In New free place to escape to after the rear guard action in the Garden Hampshire the Cub Scout Camp in Manchester has a slingshot State? New Jersey he says sucks the life out of freedom loving range and the Boy Scout Camp has a range for rifles, shotguns, people. Evan says “it’s great to work with legislators who and muzzleloaders plus it sponsors a “mountain man” course believe in freedom.” Ron Paul’s message is getting out there. and merit badge. Evan is an assistant scoutmaster. He says there Paul’s message is “getting people to think.” Evan said it it’s a are “awesome scout camps” up there. Given such a comparison lot of fun meeting all the Presidential candidates in New one can imagine why pro-gun people would go to New Hampshire–they’re all there! Hampshire. Evan’s brother Lou Nappen is also an attorney and he will go to New Hampshire has a “shall issue” license not a permit (implied New Hampshire eventually, but right now lawyers can make permission) and the state allows National Firearms Act (NFA) more money in New Jersey because there are more people here. weapons such as silencers (suppressors), destructive devices, There is a “quality of life” in a place for liberty so eventually and machine guns. Private sales of firearms are completely Lou will leave to seek it. Evan says there is an “incredible legal. One can purchase a handgun in one day at a dealer in network” of free state project people. He said 60 FSP people New Hampshire and you can carry a firearm anywhere except in helped him empty the two pods of stuff he moved from New a courthouse. (Courthouses in New Hampshire are the only Jersey. “victim disarmament zones” in the state but folks are reasonably safe there since the sheriffs are armed.) Tom Wright Tom is a long time NJLP member who attended the 2007 There are no state income nor sales taxes in New Hampshire. PorcFest. He found the debate “quite fine and interesting” with Evan purchased a bigger and better house in New Hampshire two prominent speakers: John Stossel of ABC News and then he had in New Jersey and his New Hampshire taxes are Congressman Ron Paul. He was particularly impressed with the less. Evan got double the coverage and better auto insurance for debate between Republican and Democratic legislative leaders one tenth the cost in New Jersey, and auto insurance is not that was moderated by the editor-in-chief of New Hampshire’s mandatory in the state! In New Jersey every vehicle you own largest newspaper, the New Hampshire Union Leader. must be registered and insured. New Hampshire is the only state in the union where the adults do not have to have or use Tom had the following thoughts about New Hampshire. First of motorcycle helmets. all “it’s cold.” New Hampshire is “Vermont with jobs” but if you’re in information technology, you must commute to Evan says, “When you cross that border, you feel the freedom.” Massachusetts and deal with whatever regulations and taxes are He said “people get it” when they talk about the “New there. He felt this inconvenience was still better than working in Hampshire Way” meaning respect for freedom, privacy, and New Jersey. New Hampshire still has some people who seek to individual rights. New Hampshire has the third-largest increase government controls. He noted that there is a smoking legislature in the world, 400 legislators producing a constituency ban in restaurants, and Democrats are pushing for an income ratio of 3000 to 1. All legislators are part-timers paid $100 per tax, but there is a big battle over that. New Hampshire is better year. The New Hampshire Constitution has a right to revolution on guns and has much lower taxes. and right of secession explicitly stated. New Hampshire is not landlocked and has both access to the ocean and a foreign country border. Obtaining prescription drugs from Canada is not a distant, theoretical concept.

New Jersey Libertarian 3 Sept - Oct 2007 Recently New Hampshire had to allow gay marriage through a Renew/Contribute Now state Supreme Court decision. This produced an “uproar” but legislative actions to reverse the decision were blocked. Tom Does your mailing label say “Please renew”? Then complete believes that if you’re a self-employed accountant or lawyer, the membership form on page 8, include your check to i.e., a “licensed professional” or if you own your own business “NJLP,” and send it using the enclosed envelope. If you can you could fare well in New Hampshire, if there was a market help support 2008 NJLP Federal candidates, then please fill for what you do. There’s no sales tax or income tax in the out the form on page 7 with a check for the “NJLP Federal state. Finally, Tom noted that he is probably “stuck for the Fund.” You can also do everything on-line at the party duration” in New Jersey, because of the excellent job he now website: www.njlp.org has as a mainframe computer programmer. His position is “not portable” right now.

Tom was impressed with the greatly increased debate on John Paff Raising New OPRA Issues libertarian issues in New Hampshire, particularly when Seeking the “naked truth” from Long Hill Board of Ed compared to the lack of consideration of the libertarian view With attorney Walter Luers representing him, John sued the in New Jersey and the metropolitan area. He noted that one Long Hill (Morris County) school board so that he could can escape state income taxation and most state firearms either confirm or dispute unverified statements on the Internet restrictions in New Hampshire but you cannot get away from that a former, male member of the Long Hill Board of the federal income tax, drug laws, interstate firearms laws, and Education told a female member of the school district's “commercial companionship” prohibitions. Tom believes that administration that "If you take your clothes off, you can have New Hampshire regulates more professions than New Jersey anything you want in [administrative contract] negotiations." does from 100 to 200 professions. Property taxes in New Hampshire are about as large as New Jersey’s, because the After having received a heavily redacted copy of the Board's entire tax load is levied on property. nonpublic (i.e. closed or executive session) minutes from April 23, 2007 in response to an earlier records request, he The success of libertarian approaches to issues can be used in found an on-line article that claimed that "reliable sources" the debate to advance liberty and these successes can be used had reported that a former Board of Education member had both in New Jersey and New Hampshire. Finally, Tom allegedly made the above-described comment that ultimately concluded that if his job situation allowed, he would move to resulted in the member's resignation from the Board and the New Hampshire readily. For now Tom looks forward to the female administrator filing a grievance and taking an extended next PorcFest. medical leave.

Joe Dunsay On August 4, 2007, John submitted another records request to Joe Dunsay is the Chair of the Northern New Jersey LP and he the board for a more narrowly redacted version of the April visited New Hampshire to “scope out the place.” He found 23, 2007 closed minutes and other documents that would that upstate New Hampshire is like traveling back in time, and enable him to determine whether the information within the he noted that Lebanon, New Hampshire is a one hour drive Internet article is true or false. John’s view is that if the from Quebec. He found Manchester, New Hampshire to be information is true, the public should know about it in case the like Paterson, New Jersey. former board member decides to again run for public office without being held publicly accountable for his conduct. If, Joe is involved in science education, and he noted that eastern however, the information on the web site proved false, it ought Massachusetts has a publishing industry. “If I can find a job, to be publicly exposed as such. that’s where I’m headed.” Joe taught science education in a charter school in Brooklyn and now is teaching mostly adults. Here is what an Editorial in the Morristown Daily Record for He has an M.A./M.S. in ecology and evolution with particular Monday, December 17, 2007 had to say about this case: expertise in biometrics. For the record: Open access advocate never avoids a fight Jay Boucher Jay Boucher established residence in New Hampshire in 2006 John Paff, as we have said before, is a pain in the neck for and managed to get elected as town auditor. We hope to get many government officials. That's why we like him. Paff has more information about Jay’s experience and provide a made it his hobby to make sure towns follow the law when it detailed story in a future issue of the New Jersey Libertarian. comes to the release of public documents. And he is not shy about going to court to make that happen.

Earlier this year, Paff was instrumental toward getting the borough of Mount Arlington to change the way it publicizes closed sessions. The law states that public bodies entering into

New Jersey Libertarian 4 Sept - Oct 2007 closed session must generally say what they plan to talk about. and chairman of the party's Open Government Advocacy Many do not do that, but with Paff's urging, things can be Project,” who had requested the closed session minutes of a changed. number of council meetings.

Paff is now in state Superior Court, Morristown, vying with As reported in the newspaper, the council discussed Mr. Paff's the Long Hill Township Board of Education over access to letter urging the borough to alter its policy to speed up the closed minutes of a meeting last April. He is interested in an release of closed session meeting minutes. At the meeting of apparent sexual harassment complaint filed by a district the mayor and council, it was decided that the clerk, township employee. administrator, and borough counsel could review the documents together before releasing them. The step where the On Friday, Judge B. Theodore Bozonelis agreed to review the council would formally resolve to release the records would be minutes, but he did say he was inclined to think that a letter eliminated. John says “this might shave a week or two from from an attorney outlining alleged sexual harassment did not responses to requests.” have to be made public. Whatever the judge rules in this case is less important than the fact Paff is willing to challenge public bodies and take them to court if warranted. Monmouth County Libertarians Meet By Jay Edgar, County LP Chair Our only regret is that there aren't more people with Paff's zeal. As we never tire of stating: Government records belong On Sunday December 16, 2007 the Monmouth County to the public, not to those who happen to be temporarily Libertarians met. Most of our discussion centered on what we serving in government. can do to help the Ron Paul campaign. The Monmouth Libertarians have the organizational skill, but lack the An article by Leslie Kwoh in the Star-Ledger for Friday, enthusiastic grassroots supporters. Together we may be able December 21, 2007 confirmed the rumor that John had been to accomplish much. Ideas that were brought up included: trying, so far unsuccessfully, to confirm through public records requests and litigation. In a court hearing, Paff argued  Purchase and manage the distribution of Ron Paul yard unsuccessfully that the school board should make the signs. Typically campaigns start putting these up 30 days complaint public. Superior Court Judge Theodore Bozonelis before the election. This date is coming at us rapidly. I've ruled, however, that any harassment complaint or letter filed started a "chip-in" to raise money to buy the signs. You by a public employee with a public employer is exempt under can click on the "Chip in" on http://beta2.njlp.org/ (you the law. Kwoh reported that Assistant Superintendent Karen will need a pay pal account). Or you can send a check Wetherell filed the complaint on March 1, claiming she was made out to either myself or "Monmouth Libertarians". If sexually harassed by board member Scott Heller, the we want to get the signs in time we need to order them negotiations committee chairman. Then Superintendent Arthur ASAP, so please consider donating. Alternatively you DiBenedetto who was also the board's affirmative action could visit http://www.ronpaul2008store.com/servlet/ compliance officer, took up and investigated the official Categories?category=Signs and order some signs on your complaint. After conducting interviews with Wetherell and own. I hope to have the Monmouth Libertarians order Heller, DiBenedetto recommended that the board ask Heller to 200+ signs for distribution throughout the county. Send resign immediately. The board rejected his recommendation checks to R. Jay Edgar, 8 Arneytown-Hornerstown Road, and DiBenedetto subsequently resigned himself, saying he Cream Ridge NJ 08514 was appalled by the remark and the board's indifference to it.  Have the Monmouth Libertarians head up door to door campaigning (along with the Paul campaign). I've looked John Paff’s view was: “it is glaringly obvious to me that this into getting voter lists by contacting Ron Paul organizers event is exactly the type of thing that the voting public needs in the state, but have not had any success. I stopped in the to know in order to make informed choices at the polls. It is Monmouth County Election board. They have the entire equally obvious to me that there is something seriously wrong county available on CD for an outrageous $200 (* See with a system of laws that permits the school board's efforts to below). I wonder if we can get this list directly from the suppress this event to possibly prevail over a citizen's civil Republican Party or if anyone else has a resource? There lawsuit seeking disclosure.” was a question as to whether door-to-door campaigning works at this time of the year. Potential voters won't want Manasquan honors NJLP request to change to step outside into the cold to talk to us, they wouldn't minutes disclosure policy want to invite a stranger into their house, nor would they According to the Coast Star of December 20, 2007 want to stand at the door with the heat escaping. We may Manasquan Borough agreed to amend its policy so that have more luck and be more efficient if we just went door disclosure of closed session minutes no longer relies on formal to door leaving information on Ron Paul. (unfortunately "approval" by the council. The article began by describing I'm already committed to several Scout outings for January John Paff as” a member of the New Jersey Libertarian Party and won't have much time to contribute!)

New Jersey Libertarian 5 Sept - Oct 2007 We will need candidates for 2008 elections at all levels. Although we are a "Libertarian" organization may we consider running libertarian candidates in the primaries of the parties in Future Meetings & Events power? Ron Paul has showed us that libertarianism does sell (around 1600 people from NJ have donated to the Ron Paul Saturday, March 15 – NJLP Annual Convention: in campaign in the 4th quarter). There are many Republicans Philadelphia with PA, MD, DE LPs with location who are not fiscally conservative. If we put up good To Be Determined candidates against them, we may be able to get support from the many fiscally conservative organizations (American's For Prosperity, Club for Growth, etc.). ______

Member Letter to the Editor

Will the sheep ever wake up? Yours truly is no theologian or religious zealot of any sort, but By Mark Richards, Guest Contributor I do seem to remember something from Sunday school in which the Bible says, “Thou shalt not steal,” which indicates In a recent “Guest Contributor” column, a writer expressed to me a respect for the private property of others – a concept disgust with Congressman Scott Garrett’s voting record. She of all collectivist philosophies reject, since they believe that was also upset that three local candidates appeared in a photo the “greater good” is more important than the individual. in another newspaper with Congressman Garrett. Even if the Bible had never been written or religion of any kind ever started, it would still be wrong to forcibly take the I have to be honest, I voted for Scott Garrett once in 2002, the property or wealth of another, even for what might seem like a first time he ran for Congress. I truly hoped that he would be lofty goal (assisting those less fortunate for example). another force for individual liberty, limited constitutional government and free market economics, like the truly great As a Libertarian, I regret having to make this assessment of and principled Congressman Ron Paul of Texas (the only sane my fellow Americans, but the fire and passion for liberty and presidential candidate of those Republicans seeking the 2008 individualism is almost out in this country. Americans sit back nomination.) and tolerate all kinds of infringements on their liberties, zoning laws, gun laws, drug laws, seat belt laws, “hate crime” Sorry to say, Garrett has been a disappointment. He is a laws that interfere with free speech, environmental laws (like Republican first and a defender of the Constitution only the Highlands Act) that crippled the construction industry, so- second. If the current occupant of the White House wants a called national security laws like the “Patriot Act” which also certain policy to be followed or law enacted, Garrett goes right intimidates free speech, the list goes on and on! along with our “Simpleton–in–Chief.” Will the sheep ever wake up and then revolt? One can only This is not to say the Garrett doesn’t get it right sometimes. hope! All the cases the writer of the recent piece complains about are instances in which Garrett was following the Constitution. Mark Richards is a resident of West Milford

The writer is under the assumption that it is a function of Published in West Milford AIM on November 16, 2007 and government to provide health care, help natural disaster also in Suburban Trends November 11, 2007 victims and control workers wages. Sorry, but there is no provision in the Constitution (see Article 1, Section 8) for Congress to be legislating on, or funding any of these activities. NJL Advertising Rates

It is also unfortunate that the writer chose to question Garrett’s Full page $60 Christian faith because of his voting record. She evidently is Half Page $30 one of those who adheres to the view of “if Jesus were on earth today, he’d advocate a socialist redistribution of the Quarter page $20 wealth policy” or similar nonsense! Eighth page (business card) $10

The New Jersey Libertarian is the official monthly publication of the New Jersey Libertarian Party. Opinions, articles and advertisements published herein do not necessarily represent official NJLP positions unless so indicated. Material appearing in the NJL may be reproduced, as long as credit is given the author, the New Jersey Libertarian, and tear sheets/e-mail notice are furnished to the address below.

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